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The president of India (
IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the science, scientific study of language. It ...
: ), officially the president of the Republic of India, is the
ceremonial A ceremony (, ) is a unified ritual A ritual is a sequence of activities involving gestures, words, actions, or objects, performed according to a set sequence. Rituals may be prescribed by the traditions of a community, including a religious ...

ceremonial
head of state A head of state (or chief of state) is the public persona A persona (plural personae or personas), depending on the context, can refer to either the public image of one's personality, or the social role that one adopts, or a fictional ch ...
of
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

India
and the
commander-in-chief A commander-in-chief or supreme commander is the person who exercises supreme command and control Command and control is a "set of organizational and technical attributes and processes ... hat A collection of 18th and 19th century men' ...
of the
Indian Armed Forces The Indian Armed Forces are the military forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (po ...
.
Ram Nath Kovind Ram Nath Kovind (born 1 October 1945) is an Indian politician serving as the 14th and current President of India. Prior to his Presidency, he served as the 26th Governor of Bihar from 2015 to 2017 and as a Member of Parliament, Rajya Sabha ...

Ram Nath Kovind
is the 14th and current president. The office of president was created when India became a republic on 26 January 1950, when
its constitution
its constitution
came into force. The president is
indirectly elected An election with electoral delegates is an election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office.
by an
electoral college An electoral college is a set of Voting, electors who are selected to elect a candidate to particular offices. Often these represent different organizations, political parties or Legal entity, entities, with each organization, political party or ...
comprising both houses of the
Parliament of India The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha Th ...
and the
legislative assemblies {{Unreferenced, date=December 2009 Legislative assembly is the name given in some countries to either a legislature A legislature is a deliberative assembly with the authority In the fields of sociology Sociology is the study of society, ...
of each of India's states and territories, who themselves are all directly elected. Although Article 53 of the
Constitution of India The Constitution of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...

Constitution of India
states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
(a subordinate authority) with the help of the
Council of MinistersThe Council of Ministers is a traditional name given to the supreme executive organ in some governments. The term is usually equivalent to the word " cabinet" ( Council of State is a similar term that also may refer to a Cabinet. However, the terms ...
.The Constitution of India"> The president is bound by the constitution to act on the advice of the prime minister and cabinet as long as the advice does not violate the constitution.


Origin

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

India
achieved independence from the British on 15 August 1947, initially as a
dominion The word Dominion was used from 1907 to 1948 to refer to one of several self-governing colonies of the British Empire. "Dominion status" was formally accorded to Canada, Australia, Dominion of New Zealand, New Zealand, Dominion of Newfoundland ...

dominion
within the
Commonwealth of Nations The Commonwealth of Nations, generally known simply as the Commonwealth, is a political association of 54 member states, almost all of which are former territories A territory is an administrative division, usually an area that is under the ...

Commonwealth of Nations
with
George VI George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom There have been 12 monarchy of the United Kingdom, British monarchs since the political union of the Kingdom of England an ...

George VI
as king, represented in the country by a governor-general. Still, following this, the
Constituent Assembly of India The Constituent Assembly of India was elected to write the Constitution of India The Constitution of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme law of India. The document lays down the framework that ...
, under the leadership of
B.R.Ambedkar
B.R.Ambedkar
, undertook the process of drafting a completely new constitution for the country. The
Constitution of India The Constitution of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...

Constitution of India
was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, with
Rajendra Prasad Rajendra Prasad (3 December 1884 – 28 February 1963) was an Indian independence upright=1.0, Pedro surrounded by a crowd in Brazil's independence on September 7, 1822.">Independence of Brazil">Brazil's independence on September ...
as its first incumbent. The
Indian constitution The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

Indian constitution
accords to the president the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the president's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union.


Powers and duties


Limitations

''Legislature'' – Any bill passed by parliament can either be signed, withheld or returned to parliament by the president of India. If the president signs, it becomes a law. If the president returns or withholds the bill till expiry and the same bill is again introduced and passed in the parliament, it automatically becomes a law without the president's signature. ''Executive'' – Although the president is bound by the constitution to act on the advice of the prime minister, it is ultimately the president who gives final order. Hence, declining the prime minister's advice or withholding it for long without being able to constitutionally challenge this decision is beyond the power of the president. Similarly the prime minister can object to any decision taken alone by the President without consulting the cabinet. ''Judiciary'' – Only the judiciary has the power to convert a death sentence to life imprisonment.


Duty

The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his
oath Traditionally an oath (from Anglo-Saxon The Anglo-Saxons were a cultural group Culture () is an umbrella term which encompasses the social behavior Social behavior is behavior Behavior (American English) or behaviour (British E ...
(Article 60 of Indian constitution). The president is the common head of all independent constitutional entities. All his actions, recommendations ( Article 3, Article 111, Article 274, etc.) and supervisory powers ( Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law.


Legislative powers

Legislative power is constitutionally vested in the
Parliament of India The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha Th ...
of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
and
Rajya Sabha The Rajya Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Huma ...

Rajya Sabha
) of the
parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
and prorogues them. He can dissolve the Lok Sabha. The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...
. All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111. After a bill is presented to him, the president shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to parliament, if it is not a
money bill In the Westminster system The Westminster system or Westminster model is a type of parliamentary A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent ...
, for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, he can send back the bill with his recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold his assent from it. The president can also withhold his assent to a bill when it is initially presented to him (rather than return it to parliament) thereby exercising a
pocket veto#REDIRECT Pocket veto A pocket veto is a legislative maneuver that allows a president or another official with veto power to exercise that power over a bill by taking no action (keeping it in their pocket) instead of affirmatively vetoing it. This ...
on the advice of prime minister or council of ministers per Article 74 if it is inconsistent to the constitution. Article 143 gave power to the president to consult the
supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

supreme court
about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2). When either of the two Houses of the
Parliament of India The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha Th ...
is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances which have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier. Under Article 123, the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and he is confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or is not approved by the parliament or violates the constitution.


Executive powers

As per Article 53, the
executive power The executive (short for executive branch or executive power) is the part of government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, ...
of the country is vested in the president and is exercised by president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by the president to the governors of states per Article 160.
Union cabinet The Union Council of Ministers exercises executive authority in the Republic of India. Wikisource:Constitution of India/Part V#Article 74 .7BCouncil of Ministers to aid and advise President.7D It consists of senior ministers, called 'cabinet ...
with
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
as its head, should aid and advice the president in performing his functions. Per Article 74 (2), the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing his duties. President or his subordinate officers is bound by the provisions of the constitution notwithstanding any advice by union cabinet. As per Article 142, it is the duty of the president to enforce the decrees of the supreme court.


Judicial powers

The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president appoints the
Chief Justice of India The chief justice of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...
and other judges on the advice of the chief justice. He dismisses the judges if and only if the two Houses of the parliament pass resolutions to that effect by a two-thirds majority of the members present. The Indian government's chief legal adviser,
Attorney General of India The Attorney General for India is the Indian government The Government of India (: ) (often abbreviated as GoI), also known as the Central or Union Government or simply the Centre, is the government created by the as the , executive and ...
, is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, he can also ask for the of the
supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

supreme court
per Article 143. Per Article 88, the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any.


Appointment powers

The president appoints as
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
, the person most likely to command the support of the majority in the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
(usually the leader of the majority party or coalition). the president then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of the president. The president appoints 12 members of the
Rajya Sabha The Rajya Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Huma ...

Rajya Sabha
from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of
Anglo Indian The term Anglo-Indian can refer to at least two groups of people: those with multiracial people, mixed Indian people, Indian and British people, British ancestry and people of British descent born or residing in India. The latter sense is now ...
community as
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
members per Article 331
Governors A governor is, in most cases, a public official with the power to govern the executive branch The executive is the branch of government exercising authority in and holding Moral responsibility, responsibility for the governance of a State (p ...
of
states State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
are also appointed by the president who shall work at the pleasure of the president. Per Article 156, the president is empowered to dismiss a governor who has violated the constitution in his acts. The president is responsible for making a wide variety of appointments. These include: * The
chief justice The chief justice is the presiding member of a supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes betwee ...
and other judges of the
Supreme Court of India The Supreme Court of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the scie ...

Supreme Court of India
and state/union territory high courts. * The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the constitution). * The
Comptroller and Auditor GeneralAn auditor general, also known in some countries as a comptroller general A comptroller is a management-level position responsible for supervising the quality of accountancy, accounting and financial reporting of an organization. A financial comptrol ...
. * The Chief Election Commissioner and other Election Commissioners. * The chairman and other Members of the
Union Public Service Commission The Union Public Service Commission (ISO The International Organization for Standardization (ISO; ) is an international standard are technical standards developed by international organizations (intergovernmental organizations), such as C ...
. * The
Attorney General #REDIRECT Attorney general In most common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinio ...
. *
Ambassador An ambassador is an official envoy, especially a high-ranking diplomat A diplomat (from grc, δίπλωμα; romanized Romanization or romanisation, in linguistics Linguistics is the scientific study of language A langua ...

Ambassador
s and High Commissioners to other countries (only through the list of names given by the prime minister). * Officers of the
All India Services The All India Services (AIS) comprises Civil Services of India, namely the Indian Administrative Service (IAS), the Indian Forest Service (IFS) and the Indian Police Service The Indian Police Service (IPS) is a civil service under the ...
(
IASIAS may refer to: Science * Institute for Advanced Study The Institute for Advanced Study (IAS), located in Princeton, New Jersey, in the United States, is an independent postdoctoral research center for theoretical research and intellectua ...
, IPS and IFoS), and other Central Civil Services in Group 'A'.


Financial powers

* A money bill can be introduced in the parliament only with the president's recommendation. * The president lays the Annual Financial Statement, i.e. the Union budget, before the parliament. * The president can take advances out of the Contingency Fund of India to meet unforeseen expenses. * The president constitutes a
Finance Commission The Finance Commissions (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...
every five years to recommend the distribution of the taxes between the centre and the States. The most recent was constituted in 2017.


Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the president. However, in practice, such negotiations are usually carried out by the prime minister along with his Cabinet (especially the
Minister of External Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a Cabinet (government), cabinet Minister (government), minister in charge of a sovereign state, state's foreign policy and foreign ...
). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e. the officers from the
Indian Foreign Service The Indian Foreign Service (IFS) is the diplomatic corps of the Government of India The Government of India (ISO The International Organization for Standardization (ISO; ) is an international standard are technical standards developed ...
. The president is the first citizen of the country.


Military powers

The president is the Supreme Commander of the
Indian Armed Forces The Indian Armed Forces are the military forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (po ...
. The president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name.


Pardoning powers

As mentioned in Article 72 of the
Indian constitution The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

Indian constitution
, the president is empowered with the powers to grant
pardons A pardon is a government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislat ...
in the following situations: * Punishment is for an offence against Union law. * Punishment is by a
military court A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjectiveA postpositive adjective or postnominal adjective is an adjective In linguistics, an adjective (list of glossing abb ...
. * A sentence that is of death. The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises his executive powers on the advice of the prime minister and the
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
.


Emergency powers

The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.


National emergency

A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (
Indo-China war The First Indochina War (generally known as the Indochina War in France, and as the Anti-French Resistance War in Vietnam) began in French Indochina on December 19, 1946, and lasted until July 20, 1954. Fighting between French forces and their Vi ...
), 1971 ( Indo-Pakistan war), and 1975 to 1977 (declared by
Indira Gandhi Indira Priyadarshini Gandhi (; ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and a central figure of the Indian National Congress The Indian National Congress (often called the Congress Party o ...

Indira Gandhi
). ee main/sup> Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
. Such a proclamation must be approved by the parliament with an at least two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency,
Fundamental Rights of Indian citizens Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of citizens of India. As these rights are fundamental or essential for existence and all-round development of individuals, they are calle ...
can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended ( Article 21). The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the president for approval. The term of the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after the end of the declared emergency. National Emergency has been proclaimed 3 times in India till date. It was declared first in 1962 by President
Sarvepalli Radhakrishnan Sarvepalli Radhakrishnan (Sarvepalli Radhakrishnayya; 5 September 1888 – 17 April 1975) was an Indian philosopher and statesman who served as the second president of India The President of India ( IAST: ), officially the Preside ...
, during the
Sino-Indian War The Sino-Indian War, also known as the Indo-China War, Sino-Indian Border Conflict and, by some, Clash on the Roof of the World, was a war between China China, officially the People's Republic of China (PRC), is a country in East Asia ...
. This emergency lasted through the
Indo-Pakistani War of 1965 The Indo-Pakistani War of 1965 or the Second Kashmir War was a culmination of skirmishes that took place between April 1965 and September 1965 between Pakistan and India. The conflict began following Pakistan's Operation Gibraltar, which was d ...
and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of the
Indo-Pakistani War of 1971 The Indo-Pakistani War of 1971 was a military confrontation between India and Pakistan that occurred during the Bangladesh Liberation War in East Pakistan from 3 December 1971 to the Pakistani Instrument of Surrender, fall of Dacca ( ...
. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President
Fakhruddin Ali Ahmed Fakhruddin Ali Ahmed (13 May 1905 – 11 February 1977) was an Indian lawyer and politician who served as the fifth President of India from 1974 to 1977. He was also the second President of India to die in office.Indira Gandhi Indira Priyadarshini Gandhi (; ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and a central figure of the Indian National Congress The Indian National Congress (often called the Congress Party o ...

Indira Gandhi
as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.


State emergency

If the president is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the constitution, he can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the
parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
within a period of 2 months. Under
Article 356 In India India (Hindi: ), officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by population, second-most populous country, the List of countries and dependencies by area, se ...
of the
Indian constitution The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

Indian constitution
, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a
constitutional amendment A constitutional amendment is a modification of the constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ...

constitutional amendment
, as has happened in
Punjab Punjab (; ; ; ; also as Panjāb or Panj-Āb) is a geopolitical, cultural, and in , specifically in the northern part of the , comprising areas of eastern and . The boundaries of the region are ill-defined and focus on historical accounts. ...
and
Jammu and Kashmir Jammu is the winter capital of the Indian union territory of Jammu and Kashmir (union territory), Jammu and Kashmir. It is the headquarters and the largest city in Jammu district of the union territory. Lying on the banks of the river Tawi River ...
. During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of the president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list (see
National emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state durin ...
for explanation). A State Emergency can be imposed via the following: # By Article 356If that state failed to run constitutionally, i.e. constitutional machinery has failed. When a state emergency is imposed under this provision, the state is said to be under "
President's rule#REDIRECT President's rule In India India (Hindi: ), officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by population, second-most populous country, the List of countries an ...

President's rule
. # By Article 365If that state is not working according to the direction of the Union government issued per the provisions of the constitution. This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if # A state of National Emergency has been declared in the country or in the particular state. # The Election Commission finds it difficult to organise an election in that state. The
Sarkaria Commission ''Sarkaria Commission'' was set up in 1983 by the central government of India India (Hindi: ), officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by population, second-most po ...
held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in
Bihar Bihar (; ) is a states and union territories of India, state in eastern India. It is the list of states and union territories of India by population, third-largest state by population and list of states and union territories of India by area ...

Bihar
state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president.


Financial emergency

Article 282 accords financial autonomy in spending the financial resources available with the states for public purpose. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, Union government can insist for compliance of its loan terms when a state has outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation have been framed either by the
finance commission The Finance Commissions (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...
or by the central government. Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the
supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

supreme court
and high courts, in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. He can direct the state to observe certain principles (economy measures) relating to financial matters.


Selection process


Eligibility

Article 58 Article 58 of the Russian SFSR The Russian Soviet Federative Socialist Republic (Russian SFSR or RSFSR; rus, links=no, Российская Советская Федеративная Социалистическая Республика, Ross ...
of the Constitution of India, constitution sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: * a Indian nationality law, citizen of India * of 35 years of age or above * qualified to become a member of the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
A person shall not be eligible for election as president if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: * The current Vice President of India, vice-president * The governor of any state * A Minister of the Union or of any state (including
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
and Chief Minister (India), chief ministers) In the event that the vice-president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or of a State Legislature can seek election to the office of the president but if he is elected as president, he shall be deemed to have vacated his seat in parliament or State Legislature on the date on which he enters upon his office as President [Article 59(1)]. Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under the Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on the ballot.


Time of election

Article 56(1) of the constitution provides that the president shall hold office for a term of five years from the date on which he enters upon his office. According to Article 62, an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office. To meet the contingency of an election to the office of President not being completed in time due to unforeseen circumstances like countermanding of election due to death of a candidate or on account of postponement of the poll for any valid reason, Article 56(1)(c) provides that the president shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.


Conditions for the presidency

Certain conditions, per wikisource:Constitution of India/Part V#Article 59 %7BConditions of President's office%7D, Article 59 of the Indian constitution, debar an otherwise eligible citizen from contesting the presidential elections. The conditions are: * The president shall not be a member of either house of the parliament or of a house of the legislature of any state, and if a member of either house of the parliament or of a house of the legislature of any state be elected president, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as president. * The president shall not hold any other office of profit. * The president shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. * The emoluments and allowances of the president shall not be diminished during his term of office.


Election process

Whenever the office becomes vacant, the new president is chosen by an Electoral College (India), electoral college consisting of the elected members of both houses of
parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
(M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., Delhi, National Capital Territory (NCT) of Delhi,
Jammu and Kashmir Jammu is the winter capital of the Indian union territory of Jammu and Kashmir (union territory), Jammu and Kashmir. It is the headquarters and the largest city in Jammu district of the union territory. Lying on the banks of the river Tawi River ...
, and Puducherry (union territory), Puducherry. The election process of President is more extensive process than
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...

prime minister
who is also elected indirectly (not elected by people directly) by the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
members only. Whereas President being the constitutional head with duties to protect, defend and preserve the constitution and rule of law in a constitutional democracy with Ouster clause, constitutional supremacy, is elected in an extensive manner by the members of Lok Sabha,
Rajya Sabha The Rajya Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Huma ...

Rajya Sabha
and Vidhan Sabha, state legislative assemblies in a secret ballot procedure. The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. The election is held in accordance with the system of proportional representation (PR) by means of the single transferable vote (STV) method. The voting takes place by a secret ballot system. The manner of election of President is provided by wikisource:Constitution of India/Part V#Article 55 %7BManner of election of President%7D, Article 55 of the Constitution of India, constitution. Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in state matters; if a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes. The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. Every elected member of the parliament enjoys the same number of votes, which may be obtained by dividing the total number of votes assigned to the members of legislative assemblies by the total number of elected representatives of the parliament. Although Indian presidential elections involve actual voting by Member of Parliament, MPs and Member of the Legislative Assembly (India), MLAs, they tend to vote for the candidate supported by their respective parties.


Oath or affirmation

The president is required to make and subscribe in the presence of the
Chief Justice of India The chief justice of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...
—or in his absence, the senior-most judge of the supreme court—an oath or affirmation that he/she shall protect, preserve and defend the constitution as follows:


Emoluments

The president of India used to receive per month per the Second Schedule of the constitution. This amount was increased to in 1998. On 11 September 2008, the Government of India increased the salary of the president to . This amount was further increased to in the 2018 Union budget of India. However, almost everything that the president does or wants to do is taken care of by an annual budget that the Government allots for his or her upkeep. Rashtrapati Bhavan, the president's official residence, is the largest Presidential palace in the world. The Rashtrapati Nilayam at Bolarum, Hyderabad, India, Hyderabad and The Retreat Building, Retreat Building at Chharabra, Shimla are the official Retreat Residences of the president of India. The State Car for President, official state car of the president is a custom-built heavily armoured Mercedes-Benz S-Class, Mercedes Benz S600 (W221) Pullman Guard. The former presidents and widows and widowers of presidents are eligible for pension, furnished accommodation, security, various allowances, etc. File:PresidentPalaceDelhi.jpg, Rashtrapati Bhavan, the official residence of the president, located at New Delhi File:Residency House Bolarum.jpg, Rashtrapati Nilayam is the official retreat of the president located in Hyderabad. File:Honour guard, India 20060302-9 d-0108-2-515h.jpg, The President's Bodyguard (India), President's Bodyguards is an elite household cavalry regiment of the Indian Army. File:IAF Mi 8 for VIP Transport at Aero India 2013.JPG, A chopper of IAF's special VIP fleet meant for carrying the President of India File:Air India One Chennai.png, VIP Boeing 777, B777 with call sign Air India One (INDIA 1) is used for international travels by the President. File:Air India One 737.jpg, Indian Air Force's Boeing 777X, BBJ 737 with call sign Air India One (INDIA 1) is used for domestic travels by the President.


Impeachment

The Supreme Court shall inquire and decide regarding all ''doubts'' and ''disputes'' arising out of or in connection with the election of a president per s:Constitution of India/Part V, Article 71(1) of the constitution. The Supreme Court can remove the president for the electoral malpractices or upon being not eligible to be a member of the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
under the Representation of the People Act, 1951. Subject to Article 71 (3), parliament made applicable rules/procedure to petition the supreme court for resolving the ''disputes'' only that arise during the election process of the president but not the ''doubts'' that arise from his unconstitutional actions/deeds or changing Indian citizenship during the tenure of president which may violate the requisite election qualifications. The president may also be removed before the expiry of the term through impeachment for violating the
Constitution of India The Constitution of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...

Constitution of India
by the Parliament of India. The process may start in either of the two houses of the
parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
. The house initiates the process by levelling the charges against the president. The charges are contained in a notice that has to be signed by at least one-quarter of the total members of that house. The notice is sent up to the president and 14 days later, it is taken up for consideration. A resolution to impeach the president has to be passed by a two-thirds majority of the total number of members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the president has the right to defend oneself through an authorised counsel. If the second house also approves the charges made by special majority again, the president stands impeached and is deemed to have vacated their office from the date when such a resolution stands passed. No president has faced impeachment proceedings so the above provisions have never been used. Under s:Constitution of India/Part XIX, Article 361 of the constitution, though the president cannot be summoned for questioning except on his voluntary willingness to testify in the court in support of his controversial deeds, the unconstitutional decisions taken by the president would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the Union government for the president's role. As clarified by the supreme court in the case ''Rameshwar Prasad & Ors vs Union of India & Anr'' on 24 January 2006; though the president cannot be prosecuted and imprisoned during his term of office, he can be prosecuted after he/she steps down from the post for any guilt committed during the term of presidency as declared earlier by the courts. No president has resigned on impropriety to continue in office for declaring and nullifying his unconstitutional decisions by the courts till now. No criminal case at least on the grounds of Prevention of Insults to National Honour Act, 1971, disrespecting constitution is lodged till now against former presidents to punish them for their unconstitutional acts; though many decisions taken during the term of a president have been declared by the supreme court as unconstitutional, ''mala fides'', void, ''ultra vires'', etc.


Succession

The Office of the president falls vacant in the following scenarios: # On the expiry of their term. # By reason of death. # By reason of resignation. # Removal by supreme court. # Removal by impeachment. wikisource:Constitution of India/Part V#Article 65 %7BThe Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President%7D, Article 65 of the
Indian constitution The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

Indian constitution
says that the Vice-President of India will have to discharge the duties, if the office falls vacant due to any reason other than the expiry of the term. The vice-president reverts to their office when a new president is elected and enters office. When the president is unable to act because of absence, illness or any other cause, the vice-president discharges the president's functions until the president resumes the duties. A vice-president who acts as or discharges the functions of the president has all the powers and immunities of the president and is entitled to the same emoluments as the president. When a vice-president discharges the duties of the president, he/she does not function as the Chairperson of the Rajya Sabha. The Parliament of India, Indian parliament has enacted the law—''The President (Discharge of Functions) Act, 1969'' — for the discharge of the functions of the president when vacancies occur in the offices of the president and of the vice-president simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the
chief justice The chief justice is the presiding member of a supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes betwee ...
—or in his absence, the senior most judge of the
Supreme Court of India The Supreme Court of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the scie ...

Supreme Court of India
available—discharges the functions of the president until a newly elected president enters upon his office or a newly elected vice-president begins to act as president under Article 65 of the constitution, whichever is the earlier. For example, in 1969, when President Zakir Husain (politician), Zakir Husain died in Office, Vice-President V. V. Giri served as the acting president of India. However, later, V.V Giri resigned from both posts (Acting President of India and Vice-President of India) as he became a candidate in the 1969 presidential election in India. In this event, the then Chief Justice of India, Justice Mohammad Hidayatullah served as the acting president of India until the next president was elected.


President v Chief justice


President versus Prime minister


Important presidential interventions in the past

The president's role as defender of the constitution and the powers as Head of State, especially in relation to those exercised by the prime minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning presidential intervention.


Proving majority in the parliament

In 1979, Prime Minister Charan Singh, did not enjoy a parliamentary majority. He responded to this by simply not advising the president to summon parliament. Since then, presidents have been more diligent in directing incoming Prime Ministers to convene parliament and prove their majority within reasonable deadlines (2 to 3 weeks). In the interim period, the Prime Ministers are generally restrained from making policy decisions.


Proof of Majority to form a Government

Since the 1990s, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority, until the 2014 Lok Sabha elections when BJP received a clear majority. In such cases, presidents have used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have been asked to produce letters from various party leaders, with the signatures of all the MPs who are pledging support to their candidature. This is in addition to the requirement that a prime minister prove he has the support of the
Lok Sabha The Lok Sabha, constitutionally A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human ...

Lok Sabha
(by a vote on the floor of the house) within weeks of being sworn into office.


Vetoing of a Bill

Since the Indian constitution does not provide any time limit within which the president is to declare his assent or refusal, the president could exercise a "pocket veto" by not taking any action for an indefinite time. The veto was used in 1986 by President Zail Singh over the Postal Bill. The president did not give assent to the bill, arguing that its scope was too sweeping and would give the government arbitrary powers to intercept postal communications indiscriminately.


Rashtrapati Bhavan communiqués

In the late 1990s, President K. R. Narayanan introduced explaining to the nation (by means of Rashtrapati Bhavan communiqués), the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the president.Interview
with K. R. Narayanan on Independence day, 15 August 1998; by N. Ram, editor, Frontline (magazine), Frontline ["K. R. Narayanan in conversation with N. Ram", ''The Hindu'', 10 November 2005. Retrieved 24 February 2006].


Return of a Bill

The constitution gives the president the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the parliament sends back the bill with or without changes, the president is obliged to sign it. In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding the exclusion of certain offices from the scope of 'offices of profit', the holding of which would disqualify a person from being a member of parliament. The combined opposition, the National Democratic Alliance (India), NDA, hailed the move. The UPA chose to send the bill back to the president without any changes and, after 17 days, Kalam gave his assent on 18 August 2006.


Sacking state governors

Arunachal Pradesh governor Jyoti Prasad Rajkhowa, who was earlier appointed by the ruling party at the centre, was sacked by President Pranab Mukherjee after the Supreme Court struck down his unconstitutional acts.


Living former presidents

File:Pratibha Patil 2012-02-27.jpg, Pratibha Patil
(2007–2012)


See also

* List of presidents of India * Spouse of the President of India


References


External links

* * {{DEFAULTSORT:Presidents of India Presidents of India Parliament of India Constitution of India Ceremonial heads of state, India 1950 establishments in India